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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B27-9. Collection of abatement costs from responsible party.

(a) All responsible parties for graffiti removed by the County under this division shall be jointly and severally liable for the graffiti abatement costs and expenses.

(b) The Director shall, upon identifying a responsible party, send an invoice for such graffiti abatement costs and expenses to that party. The invoice shall contain at least the following information: the address or location of the defaced property; a summary of the graffiti abatement actions performed by the County; a description of the graffiti abatement costs and expenses incurred; the identity of the responsible parties and the basis for that determination; a description of the payment process, including the time within which and the place to which the graffiti abatement costs and expenses shall be paid; and a description of the process by which a responsible party may appeal the determination that he or she is a responsible party, and/or the amount of the graffiti abatement costs and expenses.

(c) The invoice shall be paid to the County within 30 days from the date of the invoice, unless timely appealed, in which case the time for payment shall be tolled during the pendency of appeal proceedings.

(d) A responsible party who has received an invoice under this section may appeal the determination that he or she is a responsible party, and/or the amount of the graffiti abatement costs and expenses, by filing an appeal with the Planning Office within ten calendar days of receipt of the invoice. Any timely appeal so filed shall be heard by the Director within 30 days of filing the appeal, or as soon thereafter as the matter may be scheduled for hearing. The Director shall provide to the appellant written notice of the time and place of the hearing at least ten calendar days in advance, by personal service or regular, first class mail. Following the hearing, the Director shall determine whether the appellant is a responsible party under this division and whether the amount of the invoice is appropriate. The appellant shall be notified of the Director's decision in writing and, unless the appeal is upheld, shall pay the invoice within 30 days of such notice. The decision of the Director is final.

(e) Any invoice which remains unpaid following the expiration of any appeal period and the time specified for payment may be collected as a special assessment against a parcel of land owned by a minor who is a responsible party, or by the parent or guardian having custody and control of the minor. Proceedings to collect the amount due shall comply with the requirements of California Government Code § 38773.6 which provides for collection of costs by recording a lien against real property owned by the responsible party for abatement of a nuisance.

(f) As an alternative to the collection process described elsewhere in this section, a responsible party may be required to pay for graffiti abatement costs and expenses as a condition of probation for a related offense.

(Ord. No. NS-300.655, 8-28-01)

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